Adarsh Pandey and 3 Others v. State of U.P. Thru. Prin. Secy. Home Sectt. Lko. and Anothrer

Court No. - 12 Case :- APPLICATION U/S 482 No. - 11701 of 2024 Applicant :- Adarsh Pandey And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Sectt. Lko. And Anothrer Counsel for Applicant :- Virendra Singh Yadav,Piyush Pathak,Vijay Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicants and learned AGA for the State as well as perused the record. The present application has been filed for quashing of the Charge Sheet dated 13.08.2023, in Case Crime No.0146/2023, under Sections 323, 504, 506, 452, 427 I.P.C., at Police Station Chapiya, District Gonda (Annexure No.1 to the application) and also for quashing the summoning order dated 02.01.2024 and entire criminal proceedings pending before the learned trial court. After arguing at some length, learned counsel for the applicants has submitted that liberty may be given to the applicants to file bail application before the trial court, which may be decided in view of law laid down by Hon'ble Supreme Court in the case of Satender Kumar Antil versus Central Bureau of Investigation and another, (2022) 10 S.C.R. 351: (2022) 10 SCC 51 as also to prefer a discharge application before the court below and the same may be decided expeditiously. Learned AGA has no objection to the prayer made by learned counsel for the applicants. Keeping in view the aforesaid, the present application is disposed of with liberty as prayed for and with a direction to the court below that if the applicants apply for bail before the Court concerned, their prayer for bail shall be considered and decided expeditiously in accordance with law. Liberty is also granted to the applicants to move discharge application before the court below and the same shall be decided expeditiously in accordance with law. Taking note of the facts of the case and also the observation made in the case of Satendra Kumar Antil (Supra), this Court is of the view that it would be appropriate to observe that it is expected from the Police Officer concerned that for a period of 30 days from today or till the applicants apply for bail, whichever is earlier, he would not take any coercive action against the applicants in the aforesaid case. With the aforesaid observations, the present application is disposed of. Order Date :- 19.12.2024 ML/- High Court of Judicature at Allahabad, Lucknow Bench